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AI-Generated Fashion Designs: Who or What Owns the Goods?
Caen A. Dennis
Note

  The full text of this Note may be found here.

30 Fordham Intell. Prop. Media & Ent. L.J. 593 (2020).

Note by Caen A. Dennis*

 

ABSTRACT

[A]

s artificial intelligence (“AI”) becomes an increasingly prevalent tool in a plethora of industries in today’s society, analyzing the potential legal implications attached to AI-generated works is becoming more popular. One of the industries impacted by AI is fashion. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric designs, and clothing. An AI device’s ability to generate fashion designs raises the question of who will own the copyrights of the fashion designs. Will it be the fashion designer who hires or contracts with the AI device programmer? Will it be the programmer? Or will it be the AI device itself? Designers invest a lot of talent, time, and finances into designing and creating each article of clothing and accessory it releases to the public; yet, under the current copyright standards, designers will not likely be considered the authors of their creations. Ultimately, this Note makes policy proposals for future copyright legislation within the United States, particularly recommending that AI-generated and AI-assisted designs be copyrightable and owned by the designers who purchase the AI device.

* J.D. Candidate, Fordham University School of Law, 2020; B.S., Legal Studies, St. John’s University, 2016. I would like to thank Professor Susan Scafidi for her guidance, advice, and inspiration throughout the initial writing process, as well as the IPLJ Editorial Board and staff for their editing and feedback, particularly Senior Research & Writing Editor Elliot Fink and former Senior Research & Writing Editor Sean Corrado. I would also like to extend a special thank you to my family and friends for supporting me with iced coffee, giving me inspiration, and sending me all fashion and artificial intelligence-related news articles they found.